What was the outcome of Tenancy Tribunal case 5121148?

The tribunal order states: Sombir Sombir, Rajni Rajni and Ved Parkash must pay Berrymans Property

How much money was awarded in case 5121148?

Cleaning: $312.50 awarded to landlord; Cleaning: $1,400.00 awarded to landlord; Rent Arrears: $12,629.29 awarded to landlord; Lawns and Garden Work: $482.55 awarded to landlord

What type of tenancy dispute was case 5121148?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5121148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11648715-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121148?

The tribunal order states: Sombir Sombir, Rajni Rajni and Ved Parkash must pay Berrymans Property

How much money was awarded in case 5121148?

Cleaning: $312.50 awarded to landlord; Cleaning: $1,400.00 awarded to landlord; Rent Arrears: $12,629.29 awarded to landlord; Lawns and Garden Work: $482.55 awarded to landlord

What type of tenancy dispute was case 5121148?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5121148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11648715-Tenancy_Tribunal_Order.pdf.

66 Dominica Crescent, Grenada Village, Wellington 6037 Tenancy Tribunal Case 5121148 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5121148 — net $11,924.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,629.29	Rent arrears
Cleaning	$1,400.00	Cleaning
Carpet Cleaning	$312.50	Carpet Cleaning
Rubbish removal: and lawns and gardens	$482.55	Rubbish removal: and lawns and gardens
Net award	$11,924.34
Total payable by Tenant to Landlord	$11,924.34

Sombir Sombir, Rajni Rajni and Ved Parkash must pay Berrymans Property Management & Rentals Limited As Agents For Pankaj & Nidhi Mahajan $11,924.34 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,900.00 (3597945-009) to Berrymans Property Management & Rentals Limited As Agents For Pankaj & Nidhi Mahajan immediately.

Reasons

The landlord attended this video hearing.

The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. The calls respectively went to voicemail or were not responded to. The Tribunal may hear matters in the absence of a party we're satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.

The landlord has applied for rent arrears, compensation and refund of the bond.

This is a fixed term tenancy due to end on 27 May 2025. The tenants have applied for an early release from the fixed term tenancy. The tenants completed an application for the early release. The landlord agreed to the early release, subject to the tenants remaining liable for rent until such time as new tenants could be found. Despite the landlords best efforts, which has included a reduction in the rental, the landlord has not been able to find replacement tenants and these tenants remain liable for outstanding rent arrears.

How much is owed for rent ?

The landlord provided rent records which prove the amount owing on the date of the hearing was $12,629.29.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).

Contractual provisions that require a tenant to have the premises professionally cleaned at the end of the tenancy are generally unenforceable (s 11 RTA). Commercial carpet cleaning will only be only required where this is necessary to return the carpet to a reasonably condition.

The landlord provided photos showing the condition of the property at the commencement of the tenancy and the condition after the tenants had left the premises. The photos show the property to be in very poor condition with rat droppings and mould present. The exterior of the property shows that no gardening has been carried out. Rubbish removal was also required. The landlord's claim for cleaning was for $1,712.32. The landlord said that the cleaning was carried out to the standard where the premises could be relet to new tenants. This is not the standard required of a tenant. A tenant is required to leave the premises reasonably clean and tidy only. I have reduced the landlord’s claim for cleaning to $1,400.00 to take this into account.

The photos show the carpet in a very poor condition and the carpet cleaning charge is reasonable. Cleaning of the carpets was required to bring the premises back to a reasonably clean and tidy standard.

The charge for gardening and rubbish removal which included tip fees is also reasonable.

The tenant did not return the keys. The claim for lock replacement is proven.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5121148 — net $11,924.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$12,629.29	Rent arrears
Cleaning	$1,400.00	Cleaning
Carpet Cleaning	$312.50	Carpet Cleaning
Rubbish removal: and lawns and gardens	$482.55	Rubbish removal: and lawns and gardens
Net award	$11,924.34
Total payable by Tenant to Landlord	$11,924.34

Order

Sombir Sombir, Rajni Rajni and Ved Parkash must pay Berrymans Property Management & Rentals Limited As Agents For Pankaj & Nidhi Mahajan $11,924.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,900.00 (3597945-009) to Berrymans Property Management & Rentals Limited As Agents For Pankaj & Nidhi Mahajan immediately.

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. The calls respectively went to voicemail or were not responded to. The Tribunal may hear matters in the absence of a party we're satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
The landlord has applied for rent arrears, compensation and refund of the bond.
This is a fixed term tenancy due to end on 27 May 2025. The tenants have applied for an early release from the fixed term tenancy. The tenants completed an application for the early release. The landlord agreed to the early release, subject to the tenants remaining liable for rent until such time as new tenants could be found. Despite the landlords best efforts, which has included a reduction in the rental, the landlord has not been able to find replacement tenants and these tenants remain liable for outstanding rent arrears.

How much is owed for rent ?

The landlord provided rent records which prove the amount owing on the date of the hearing was $12,629.29.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
Contractual provisions that require a tenant to have the premises professionally cleaned at the end of the tenancy are generally unenforceable (s 11 RTA). Commercial carpet cleaning will only be only required where this is necessary to return the carpet to a reasonably condition.
The landlord provided photos showing the condition of the property at the commencement of the tenancy and the condition after the tenants had left the premises. The photos show the property to be in very poor condition with rat droppings and mould present. The exterior of the property shows that no gardening has been carried out. Rubbish removal was also required. The landlord's claim for cleaning was for $1,712.32. The landlord said that the cleaning was carried out to the standard where the premises could be relet to new tenants. This is not the standard required of a tenant. A tenant is required to leave the premises reasonably clean and tidy only. I have reduced the landlord’s claim for cleaning to $1,400.00 to take this into account.
The photos show the carpet in a very poor condition and the carpet cleaning charge is reasonable. Cleaning of the carpets was required to bring the premises back to a reasonably clean and tidy standard.
The charge for gardening and rubbish removal which included tip fees is also reasonable.
The tenant did not return the keys. The claim for lock replacement is proven.
The amounts ordered are proved.

Tenancy Tribunal case 5121148 — Rent arrears at 66 Dominica Crescent, Grenada Village, Wellington 6037

At a glance

Tenancy Tribunal case 5121148 — Rent arrears at 66 Dominica Crescent, Grenada Village, Wellington 6037

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions